ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al

Filing 112

STATEMENT of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment by Plaintiffs ProtectMarriage.com - Yes on 8, a Project of California Renewal, National Organization for Marriage California - Yes on 8, Sponsored by National Organization for Marriage, National Organization for Marriage California PAC, John Doe #1 re #110 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Appendix Court Summary of John Doe Decl. #1 - #9, #2 Appendix Summary of John Doe Decl. #10 - #58)(Bieniek, Scott)

Summaries of John Doe Declarations (John Doe #10 - 56) Declaration of John Doe #10 John Doe #10 made several donations to NOMCalifornia. Her only other support of Proposition 8 was talking to acquaintances. On February 2, 2009, John Doe #10 received an email that referenced one of her donations and called her a "rotton" person. In a subsequent email to her husband, the emailer stated that she was going to contact the parents of the students at the school where John Doe #10 works, which John Doe #10 found to be chilling and very upsetting. Declaration of John Doe #11 John Doe #11 placed a "Yes on 8" yard sign on her lawn, which is on a quiet residential street. She also placed a bumper sticker on her car. John Doe #11 believes that, because of her support for Proposition 8, someone smashed the back window of her car in while it was parked in the street in front of her house. John Doe #11 could not work for two days and had to pay the insurance deductible to have the window replaced. John Doe #11 could not use her car for a week while it was in the shop having its window replaced. This incident was a financial hardship to John Doe #11, who is a senior citizen on a small income. Declaration of John Doe #12 John Doe #12 supported Proposition 8 with a donation. She also attended a Proposition 8 rally in San Diego, a meeting where pastors spoke in support of Proposition 8, and had a "One Man, One Woman" bumper sticker on her car. John Doe #12 also placed a "Prop. 8 = Religious Freedom" sign on her balcony. While she was in a grocery store, someone keyed John Doe #12's car and let the air out of her car's tires. Because of this incident, John Doe #12 was intimidated and worried that something else could happen if she kept the bumper sticker on her car, so she took it off. About a week after the November election, the staircase leading downstairs from her home was covered in urine, and there was a puddle of urine at the bottom of the stairs. As a result, John Doe #12 is unsure if she will support a similar cause at her home or through a bumper sticker. Declaration of John Doe #13 John Doe #13 contributed funds to ProtectMarriage.com, registered voters, volunteered 6-7 times at sign raising events, delivered yard signs, forwarded emails to friends, and wrote blog updates in support of Proposition 8. John Doe #13 also placed two bumper stickers on her

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car, and placed yard signs in her yard supporting Proposition 8. John Doe #13 lives in a city she considers very safe, family-oriented, and education-focused. Every time that John Doe #13 participated in a sign waving event, people would shout obscenities, make obscene gestures, and argue with supporters of Proposition 8. At some events, opponents of Proposition 8 would block the signs of the Proposition 8 supporters. John Doe #13 felt nervous and scared at every sign waving event, because she wondered if someone would come by and yell at her or hurt her. She would not bring her children to the sign waving events because of these incidents. Sometime during the fall, a person keyed the left side of John Doe #13's car, leaving a 27 inch long gash. John Doe #13 believes that her car was keyed because of the bumper stickers on it supporting Proposition 8. John Doe #13 placed two "Yes on 8" signs in her front yard, but when she saw that most of the "Yes on 8" signs on public streets were stolen almost as soon as they were put out, she brought one of the two signs indoors and kept it in her front window, out of fear that it would be stolen if she kept it outside. John Doe #13 brought the one sign kept outdoors inside at night, to keep it from being stolen or defaced. Despite living in a gated community and bringing in the signs at night, someone slashed the one sign that was outside at the end of October. John Doe #13 repaired the sign and replaced it in her yard. This time, she placed it inside a low wall, so that a person would have to go out of his or her way to reach it. Despite these efforts, on Halloween, someone ripped it out, and threw it about ten feet outside of John Doe #13's property. John Doe #13 also saw that her neighbor's "Yes on 8" sign was slashed on Halloween. On Halloween, teenagers came to John Doe #13's door for trick or treating. The teenagers told John Doe #13 that support for Proposition 8 was "stupid and wrong." Some parents of children who were trick or treating also pointed and whispered to one another in disapproval of John Doe #13's support for Proposition 8. As a result, John Doe #13 will be hesitant about donating to or supporting a cause similar to Proposition 8 in the future. She is worried about harassment, violence, and discrimination against her family and fear of damage to her property. John Doe #14 John Doe #14 contributed money to his church and placed yard signs in his front yard in support of Proposition 8, as well as placing bumper stickers on his car and his motorbike. He also assisted in the clean up of graffiti that had been spray painted at his Temple. At least once a week after he put them up, John Doe #14's yard signs were ripped out of his yard and off of his balcony. 2

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On September 23, 2008, someone egged and floured John Doe #14's home. In October, his home was egged and floured a second time. On the day before the November 2008 election, John Doe #14's home was egged and floured a third time. On November 1, 2008, John Doe #14's cars were egged and floured. They were also covered with honey, which destroys the car's finish. On November 3, 2008, his cars were egged, floured and honeyed a second time. In August and September, the bumper stickers John Doe #14 had on his cars were scraped off of the back glass windows during the day, while the cars were parked in the street. While John Doe #14 was at work, someone scraped the bumper sticker off of his motorbike while it was parked in the work parking lot. On November 5, 2008, someone pushed over John Doe #14's motorbike. John Doe #15 John Doe #15 supported Proposition 8. She has a brother who is openly gay. John Doe #15 never discussed the issue of Proposition 8 with her gay brother, but during one of their conversations, he pressed John Doe #15 on how she was going to vote. John Doe #15 told her brother that she could vote "yes" or "no" like any other person; her brother interpreted this as a suggestion that he should vote "yes" on Proposition 8. John Doe #15 received an email from her brother's partner. Her brother no longer speaks to her as a result of her support for Proposition 8, and John Doe #15 fears that her family dynamics have changed forever because of her support for Proposition 8. John Doe #16 John Doe #16 supported Proposition 8 through a contribution, and by placing a "Yes on 8" sign in her front yard and the front yard of a cousin. The yard sign that John Doe #16 placed in her cousin's front yard disappeared within a week of it being placed in the yard, as did all of the other "Yes on 8" signs on her cousin's street. John Doe #16 stood with a "Yes on 8" sign on a corner the Saturday before the election. A number of people yelled "No on 8," shook their fists at her, called out "shame," and gave her a thumbs down sign. One man shouted "You despicable filthy bag of shit" at John Doe #16, while other cars drove around the block and yelled things like "You bitch" each time they drove by her. One car with several men in it stopped, and a man in the back seat opened the door and threw something at John Doe #16. Another woman stopped her car and yelled, "Get the hell out of here. Who do you think you are, bringing that hate into my neighborhood?" In January, a letter John Doe #16 wrote a letter published by the paper of her employer, a university. The letter was signed with her first initial and last name only. On the day after the letter was published, John Doe #16 overheard one of her bosses and a co-worker discussing her in a non-complimentary manner. John Doe #16 worried that her job might be in jeopardy. In 3

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February, the department head spoke with John Doe #16 and told her that he could not guarantee her job beyond the current year. John Doe #16 suspects that her support for Proposition 8 has caused her job to be put in jeopardy. John Doe #17 John Doe #17 supported Proposition 8 with a donation to ProtectMarriage.com, which led to his name being listed on the "List of Shame" website of Californians Against Hate. After his name appeared on the "List of Shame," John Doe #17 was contacted by a local television station to do an interview. In September, the interview appeared on television as part of a larger piece on Proposition 8. On the evening after the interview appeared, John Doe #17 received a hate call, where a female caller left a sarcastic message on his answering machine stated that John Doe #17 must be proud of his decision to donate to Proposition 8. Someone at John Doe #17's workplace saw his name and donation posted online, and told the human resources department about the donation. Several days after the November 2008 election, John Doe's business partner and the human resources director at his workplace told him that someone had pointed out that his name appeared online as part of the blacklists of people who had supported Proposition 8. John Doe #17 also received a postcard at work from an anonymous gay couple opposed to Proposition 8. His name is listed on the eightmaps.com website. John Doe #18 John Doe #18 was a coordinator for Proposition 8 at his parish, which required him to obtain inserts for his weekly church bulletins, and to distribute those inserts to other churches (including those of different faiths from his own). On the Sunday before the November 2008 election, John Doe #18 was on his way to a pancake breakfast at his church when he noticed that several signs supporting Proposition 8 near the church had been removed. John Doe #18 replaced the signs with signs that he had in his car. After John Doe #18 replaced the signs, a woman and her daughter told him that they did not like John Doe #18 putting up the signs supporting Proposition 8. John Doe #18 also distributed signs supporting Proposition 8. On five occasions in the weeks leading up to the November 2008 election, John Doe #18 put up "Yes on 8" signs. Each time, the signs were removed. On one of these occasions, the signs were gone within two or three hours of the signs being put out. John Doe #18 states that these incidents shook him to the core.

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John Doe #19 John Doe #19 lives in Louisiana, and supported Proposition 8 with a donation to NOMCalifornia. Shortly after the passage of Proposition 8, a few of John Doe #19's colleagues informed her that an email had been sent her colleagues and the alumni director of her employer from a Georgia alumna, regarding the alumna's decision not to contribute to John Doe #19's employer, because he had read the name of John Doe #19 on a list of donors to Proposition 8. John Doe #19 has had political opponents in other causes, but has never seen opponents act so out of bounds as the opponents of Proposition 8. As a result, John Doe #19 will think twice before supporting a cause similar to Proposition 8 in the future. She has a son who lives in California with her two granddaughters, and she worries that someone could go after them. John Doe #20 John Doe #20 supported Proposition 8 with a donation to ProtectMarriage.com, organized and hosted wave parties, participated in phone banks, and placed a "Yes on 8" sign in her front yard. The "Yes on 8" sign disappeared from John Doe #20's front yard sometime in October. John Doe #20 lives near a lesbian couple who have been customers of her business for several years. John Doe #20 has also helped the couple with yard work in the past. When the couple saw John Doe #20's sign in her front yard, they told her that they would no longer patronize John Doe #20's business. The couple has not patronized her business since seeing the sign. John Doe #20's business is listed on YellowPages.com, a website that allows customers of a business to post reviews of the services provided by the business. A review posted on YellowPages.com about John Doe #20's business states: "This company was a donor to the California `Yes on 8' campaign, which took away existing equal rights for same-gender couples." The review also lists John Doe #20's name and the Secretary of State's website, where John Doe #20's donation in support of Proposition 8 is listed. In the future, John Doe #20 would not host a wave party without a man present, because she wants to ensure the protection and safety of the teenagers participating. John Doe #21 John Doe #21 is a member of a group who supported Proposition 8 with a seven-figure donation. He also spoke to many individuals about Proposition 8, and was successful in convincing several people to vote "yes" on Proposition 8. He also placed a "Yes on 8" sign in his front yard on the main street of a private country club. One of John Doe #21's neighbors, who is an attorney, stopped John Doe #21 about the sign and called John Doe #21 a "bigot" and 5

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an "enabler." Many of the members of John Doe #21's country club have made rude comments to him about his sign, and the openly gay members of the club have changed their attitudes toward John Doe #21. Where the openly gay members of the country club used to greet John Doe #21 warmly, they now give him looks of disdain and do not greet him as he passes. A well-known Hollywood person placed a "No on 8" sign on John Doe #21's lawn. After John Doe #21 took down this sign, the person put up another "No on 8" sign. John Doe #21 continued taking down the "No on 8" sign, and the other person kept replacing it with another "No on 8" sign. John Doe #21 continued taking down the "No on 8" signs that the other person continued putting up for approximately two weeks after the election. John Doe #22 John Doe #22 supported Proposition 8 by making phone calls to remind citizens to vote for Proposition 8, and obtained signs for others to put on their property, in addition to having two signs in her own yard on a well-traveled residential street. On the second night that the signs were in her yard, someone removed them. After having the signs stolen, John Doe #22 began bringing in the replacement signs at night, so they would not be stolen again. In mid-October, someone left a note under the doormat of John Doe #22. The note had a drawing on it, and a message that said Yeshua loves me (presumably a homosexual person), and does not love those who hate. John Doe #23 John Doe #23 donated to ProtectMarriage.com and placed a bumper sticker on his car in support of Proposition 8. Because of his support for Proposition 8, John Doe #23 was placed on a "blacklist" of donors to Proposition 8. This made John Doe #23 concerned for the safety of his children, and he instructed the principal at their school that only John Doe #23 or his wife was to pick up the boys. John Doe #23 remains very concerned about eightmaps.com, where people can obtain maps directing them to the homes of people who supported Proposition 8. On the night of the election, someone painted the face of the statute of Mary, the Mother of Jesus, outside his church orange. About a week after the November 2008 election, John Doe #23 received a book containing the greatest homosexual love stories of all time from Amazon. Amazon would not divulge the name of the sender to John Doe #23. As a result, if John Doe #23 donates to a cause similar to Proposition 8 in the future, he will donate a lesser amount under the disclosure threshold, or donate to an organization in a way that will not require the disclosure of his name.

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John Doe #24 John Doe #24 called and emailed her friends and family to urge them to support Proposition 8, contacted her representatives to tell them to support Proposition 8, and placed a "Yes on 8" yard sign in her yard. Before the November 2008, John Doe #24 was walking her dogs with her daughters when she noticed that someone had crossed of the word "yes" on her "Yes on 8" yard sign, and written "no" in its place. John Doe #24 also placed a bumper sticker on her car supporting Proposition 8. Long before the election, someone ripped the bumper sticker off of her car while she was parked in a shopping area. When she replaced it, John Doe #24 replaced it with a bumper sticker on the inside of her car window. John Doe #25 John Doe #25 is a Pastor who made donations to Proposition 8 through purchasing signs and the American Family Association. John Doe #25's church family participated in a peaceful demonstration at a major intersection by holding signs and praying with other demonstrators. During the demonstration, some people driving by made obscene gestures and yelled obscenities. Because of the behavior of the motorists, in the future, John Doe #25 would not bring children to any demonstrations. John Doe #25 also placed a yard sign in his front yard and a bumper sticker on his wife's car. At the end of October, the sign was removed from John Doe #25's yard. This happened at night, on a cul-de-sac with almost no traffic. At approximately the same time, someone ripped the bumper sticker off of his wife's car while it was parked at school. John Doe #26 John Doe #26 donated money toward signs and bumper stickers, placed flyers in his church bulletins, and placed "Yes on 8" signs in his yard as well as in areas designated by the city for the posting of signs. During October 2008, John Doe #26 had four signs stolen off of his property. To steal the signs, the thief had to climb a brick retaining wall that is approximately 5.5 to 6 feet tall. The signs were stolen at night and during the day. At least four signs John Doe #26 placed in city-approved areas were also stolen. While placing flyers on people's care, a man yelled at John Doe #26, became angry and called him a "bigot." John Doe #27 John Doe #27 is a resident of Michigan who donated money to NOMCalifornia. The only public support of Proposition 8 that John Doe #27 made was this donation, and the only way that John Doe #27 could have been publicly identified as a supporter of Proposition 8 was 7

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through the public disclosure of personal information through this donation. John Doe #27 had intended to remain anonymous, and had no idea that her name would be made public. Had she known that her name would be posted online, she probably would not have made the donation. John Doe #27 is an author, and regularly checks the internet to see what sort of information is being published about her. In December, she performed one of these regular searches, and found that her name had been posted on a "Boycott H8ers List" and listed as an intolerant "H8er" for supporting Proposition 8 in California. After being listed as a "H8er," John Doe #27 sent an email to the Christian Legal Crew and told them that she wished she would have known that her name would be posted on the internet if she made a donation. As a result, John Doe #27 would be much less likely to get involved in a cause similar to Proposition 8 that does not assure her confidentiality. John Doe #28 John Doe #28 made two donations to ProtectMarriage.com, and did not engage in any other public support of Proposition 8. The only way that John Doe #28 could be identified as a supporter of Proposition 8 was through public disclosure of his personal information through his donation. On November 11, 2008, at 11:55, John Doe #28 received a voice mail message from an unknown male that stated "Hey, it's really disheartening to know that one of my neighbors supported Proposition 8 so heavily. What a scum-fuck!" Because the caller blocked his phone number, John Doe #28 was unable to obtain the caller's name or phone number. John Doe #28 filed a police report about this harassing phone call. John Doe #29 John Doe #29 is a resident of New York, who donated to NOMCalifornia. Prior to the election, John Doe #29's name was available on SFGate.com, the website of the San Francisco Chronicle. After her name appeared on the SFGate.com website, John Doe #29 received several harassing emails, which she deleted from her email account. On February 2, 2009, John Doe #29 returned to her home to find two men standing outside the house waiting for her. These men were reporters for the New York Daily News. The presence of the reporters at her house angered John Doe #29. Her husband recently had a heart attack, and she worries that the stress of people showing up at her house without warning could cause aggravation of his heart or other heart problems. On February 3, 2009, an article about John Doe #29's donation to Proposition 8 appeared in the New York Daily News. After the article appeared, John Doe #29 received approximately 45 emails at her gmail account, and another 10-12 at her personal email account. The emails John Doe #29 received included threats, harassment, and reprisals. At least one email threatened a boycott of her work, another advocated destruction of her art work, and another warned her not

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to show her face at any gathering with homosexuals. John Doe #29 also had a former editor forward her correspondence about her donation and support of Proposition 8. John Doe #30 John Doe #30 made a donation to support Proposition 8, and his name was revealed as a supporter. He also supported Proposition 8 by walking the precincts in San Mateo and San Francisco, as well as working phone banks. Because of his support for Proposition 8, John Doe #30 has received numerous harassing and threatening emails and inquiries at his website. One email stated: "I tolerate you because I don't come to where you are and slaughter you. . . . I will actively pursue your financial ruin through legal means." Another email stated: "Your company is now on a list I am producing of those that will be boycotted and shut down soon." As a result, John Doe #30 states that he will fight harder for causes similar to Proposition 8. However, from this point forward, he will be very careful about what he does in support of similar causes. He will try to donate anonymously, and he will not speak out publicly because he fears for the safety of his children if he does so. John Doe #31 John Doe #31 supported Proposition 8 by placing a bumper sticker on his vehicle and a yard sign in his front yard. During the two weeks leading up to the election, the sign was stolen from his front yard on five separate occasions. Each theft occurred during the evening. The bumper sticker on John Doe #31's car was also defaced while the vehicle was parked in his driveway. Someone changed the "Yes on 8" to "No on 8." John Doe #31 was forced to replace the bumper sticker. John Doe #32 John Doe #32 is a resident of Ohio who made three donations to NOMCalifornia. He has supported causes similar to Proposition 8 in the past, and he has never experienced any sort of retribution because of his support. However, because of his donations to support Proposition 8, at least one website has singled John Doe #32 out as a "homophobe" and a "wingnut." John Doe #32 has a son who shares his name and is a practicing attorney in California. Because John Doe #32 shares his name with his son, he feels that the attacks on him are also an indirect attack on his son, even though his son is not involved in supporting Proposition 8. John Doe #32 does not want his support of Proposition 8 to compromise his son's professional identity, but he fears that the sort of harassment he experienced on the internet will do so. John Doe #33 John Doe #33 supported Proposition 8 with a donation to NOMCalifornia. John Doe #33 proactively spoke to his congregation about the sanctity of marriage as a sacramental union 9

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between a man and a woman, and the need to safeguard this through a yes vote on Proposition 8. He also stressed the importance of ensuring the mission of the church not being jeopardized through the passage of laws that would force the church to operate against its moral teachings. John Doe #33 placed yard signs in his yard on a fairly busy street. During September and October, John Doe #33 had ten signs removed from his property during the night. The signs were not easily accessible; whoever removed them had to climb up the property's slope to remove them. John Doe #33 purposely secured several of the signs to branches of trees in his yard, and those signs were also ripped down. John Doe #34 John Doe #34 supported Proposition 8 and placed a "Yes on 8" yard sign in his yard on October 25, 2008. Sometime between sundown on October 31 and noon on November 1, the sign was stolen. John Doe #35 John Doe #35 donated to NOMCalifornia and purchased two yard signs to support Proposition 8. John Doe #35 placed the yard signs on each side of his yard near the street, which is a busy four lane frontage road beside the freeway. Approximately ten days after he placed the signs in his yard, someone uprooted the signs and threw them down. The signs were dirty and John Doe #35 replaced them in their original location. The next days, the signs were once again removed. However, this time, the signs were also ripped. John Doe #35 repaired the signs with clear tape and replaced them in their original locations. Approximately two days before the election, someone stole the signs during the evening hours. John Doe #36 John Doe #36 supported Proposition 8 by making a donation to ProtectMarriage.com, as well as placing a "Yes on 8"sign outside her home at the end of October 2008. John Doe #36's home is located on a busy street and has a streetcar stop in front of it. This flower box is about 10-12 feet from the sidewalk. After Halloween, and about three or four days after putting out the sign, the sign (but not its metal stand) was taken from the flower box. About a week later, John Doe #36 placed a second "Yes on 8" sign in the flower box. Within a day or two, this sign and its metal stand had also been taken. John Doe #37 John Doe #37 supported Proposition 8 by placing a "Yes on 8" sign in her front yard, which is on a back street. She also placed two "Yes on 8" signs on her back fence, which faces a main street. John Doe #37's husband warned her about putting up the signs, as he was concerned that people might damage their property because of them. However, because she felt so strongly about Proposition 8, John Doe #37's husband agreed to let her put up the signs supporting 10

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Proposition 8. About a month before the election, someone tore up the sign in John Doe #37's front yard. John Doe #37 replaced the one sign with two new ones. Someone then stole one of the signs and shredded the other "Yes on 8" sign that had been stapled onto its metal post. John Doe #37 lives in a small group of homes which, until this incident, she thought was very neighborly. The incident shocked her. John Doe #38 John Doe #38 donated to Focus on the Family Action as well as ProtectMarriage.com. He also emailed state officials, placed a bumper sticker on his car, and had signs supporting Proposition 8 at his place of business. John Doe #38 also installed 12 "Yes on 8" yard signs along the busy highway in front of his home on the Saturday before the November 2008 elections. The next day, between noon and 2:00 p.m., someone removed all 12 "Yes on 8" yard signs. In their place, he found a lone "No on 8" sign. John Doe #38 also saw evidence of stolen and damaged "Yes on 8" yard signs on his daily drive to and from work. He started seeing this in October. John Doe #39 John Doe #39 donated to NOMCalifornia, signed the petition to have Proposition 8 placed on the ballot, and placed a yard sign in her yard. John Doe #39 lives in a residential neighborhood, and her home is on a street that dead ends in a cul-de-sac shortly after her residence. On approximately October 24, 2008, the sign in her yard was stolen. John Doe #39 noticed that three other homes on her street also had their signs supporting Proposition 8 removed, as well as many others on adjoining streets. John Doe #39 is ashamed to admit that, although she would have liked to have placed a bumper sticker on her car supporting Proposition 8, she did not do so because of the aggression directed towards family and friends that resulted from their support of Proposition 8. John Doe #40 John Doe #40 made a donation to ProtectMarriage.com. John Doe #40 also placed a bumper sticker on his car and placed a "Yes on 8" yard sign in his yard to support Proposition 8. One person made an obscene gesture at John Doe #40 because of this bumper sticker. During October, John Doe #40 had his "Yes on 8" yard sign stolen four times. John Doe #40's also saw that his next door neighbor also had his "Yes on 8" yard sign stolen four times. John Doe #41 John Doe #41 donated to ProtectMarriage.com, walked precincts/neighborhoods campaigning for Proposition 8, made several hundred phone calls weekly before the election, 11

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and placed a bumper sticker in on his car, all in support of Proposition 8. John Doe #41 also placed two yard signs supporting Proposition 8 in his front yard. John Doe lives on a street that is not too busy, and he placed one yard sign on each side of his driveway. The yard signs were clearly on his property, and were closer to his home than they were to the street. During the month of October, John Doe #41 had a total of six "Yes on 8" yard signs stolen from his lawn during the night. Because of the location of the signs, anyone who stole the signs would have had to trespass on his property. John Doe #42 John Doe #42 supported Proposition 8 with a donation through his church, participating in a Yes on 8 rally in Euclid, writing several commentaries for both his local newspaper and online blogs, attending his church's Yes on 8 presentation, and visiting numerous websites that supported Proposition 8. In support of Proposition 8, John Doe #42 also placed yard signs in his yard. On three separate occasions, the signs were stolen or vandalized during the night. John Doe #42 reported these incidents to his local police department, but he received no response from them. One morning following the disappearance of his signs, John Doe #42 walked up and down his street and saw that all of the Proposition 8 signs were tagged with the words "hate speech" or "hater." John Doe #42 walked over to his neighbor's house to talk about what had happened, and John Doe #42 noticed that his stolen sign was in his neighbor's yard, along with several other signs. John Doe #42 knew that this was his sign, because he purchased it from his church and the graphics were different than most "Yes on 8" yard signs. On this morning, John Doe #42 also took photographs of the vandalized "Yes on 8" yard signs, which he sent to the police. John Doe #42 reported the vandalism as hate speech. John Doe never received a response from the police department about the vandalism. John Doe #43 John Doe #43's family donated to various groups supporting Proposition 8. John Doe #43 and his wife were very involved in supporting Proposition 8. They called people on the phone to discuss the vote for Proposition 8, passed out voting reminders shortly before the election, went door-to-door talking to people about the vote and passing out literature, joined online groups, and discussed Proposition 8 with people on Facebook, blogs, and chat rooms. His wife started a blog (which she still maintains), they called people on the day of the election to remind them to vote, and John Doe #43 went to a local precinct to see whether people who had earlier indicated that they were going to vote had done so. John Doe #43 placed a large, 4 x 8 hand-painted sign on his fence. On Halloween night, someone vandalized the sign. John Doe #43 filed a police report about this incident. Prior to the vandalism of the large sign, John Doe #43 had smaller "Yes on 8" signs stolen and defaced. One of these yard signs was stolen from his front yard, and another was ripped in half with some anti-

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Proposition 8 literature placed beside it. John Doe #43 also filed police reports after these incidents. As a result, if John Doe #43 was asked to support a cause similar to Proposition 8 in the future, he would be more careful about any donation made by his family, so that they would not be identified. John Doe #44 John Doe #44 supported Proposition 8 by placing a "Yes on 8" yard sign on her front lawn. She lives in a quiet residential neighborhood, and the sign was placed approximately twenty feet from the street. On the night of October 27, 2008, someone stole the yard sign from her front lawn. Two signs opposing Proposition 8 were visible from her front yard, and they were not removed for the entirety of the campaign. Having the signs removed from her yard will negatively affect John Doe #44's support of a cause similar to Proposition 8 in the future. The person who removed the sign knows where John Doe #44 lives, her political position, and yet felt "empowered" to come onto John Doe #44's property and remove this sign. She believes that people in her neighborhood are not open to free speech, unless it agrees with their own speech. John Doe #45 John Doe #45 supported Proposition 8 with a donation to NOMCalifornia. She also put out "Yes on 8" yard signs to support Proposition 8. Approximately two weeks before the November 2008 election, someone ripped down the "Yes on 8" sign in her front yard on a quiet street. John Doe #45 works the 3:00 p.m. to 11:30 p.m. shift, and she usually gets home between midnight and 12:30 a.m. On the evening that the first sign was destroyed, John Doe #45 went into the garage to put her recyclables in the recycle bin and heard male voices in her front yard. By the time she went back inside and out her front door, they had already pulled up the sign, and ripped it apart into several pieces. When she stepped outside, she saw two teenaged boys running away, and believes that a third boy ran the other way. About a week later, the signs John Doe #45 had replaced the original signs with were also stolen. Other signs that John Doe #45 had placed around the neighborhood were also stolen repeatedly, particularly in the two weeks leading up to the November 2008 election. John Doe #45 was nervous about putting out these signs in the first place, because the last thing that she wanted to do was offend anyone. However, because she wants to support what she believes is right, she put out the signs. She thought it was very disrespectful for people to steal and vandalize her property. Although John Doe #45 hopes that she would support a good cause whatever the persecution that might happen to her, she will have to seriously consider her livelihood and the safety of her family in the future when supporting a cause similar to Proposition 8. 13

Pls.' Stmt. of Undisputed Facts - App. B

John Doe #46 John Doe #46 donated to various groups who supported the passage of Proposition 8, including ProtectMarriage.com and NOMCalifornia, as well as other groups. She also donated to other groups who supported Proposition 8, and spent money purchasing "Yes on 8" signs as well as spending money to copy handouts and a personal letter supporting Proposition 8. John Doe #46 wrote this personal letter supporting Proposition 8, then handed it out to at least 300 of her neighbors. John Doe #46 had five "Yes on 8" signs destroyed or stolen from her yard. She lives on a corner in a residential area, but the street beside her house is somewhat busy. One sign that was stolen was a large, handmade sign that she had placed in the yard after the previous signs had been stolen. This sign was stolen even though John Doe #46 had wired it to two trees on her property and had placed a light on it. John Doe #46 lives a few blocks from a Catholic church that displayed "Yes on 8" signs on its property. She saw that every sign the church placed along or anywhere near the street during the campaign was stolen or destroyed. Despite the constant theft and destruction, the church would replace the signs. At the end of the campaign, the only signs that remained were a few that had been torn up by vandals and later repaired. At her own expense, John Doe #46 made a banner supporting Proposition 8, and she and a friend hung this banner on two trees on church property in such a way that it could not be torn down or destroyed. John Doe #46 also had a large "Yes on 8" sign that she would place on church property during the day, but take down at night so that it would not be stolen or destroyed. John Doe #46 spoke to a police dispatcher about the sign theft. Although she was sympathetic, the dispatcher could only give John Doe #46 another number to report the sign theft when it happened. John Doe #46 never reported any sign theft, because the theft of signs was constant, and she did not believe that reporting it would have prevented any such theft. John Doe #47 John Doe #47 donated to ProtectMarriage.com, placed a yard sign in his front yard on a very busy main street, put a bumper sticker on his car, and attended meetings about the ballot measure. On October 14 or 15, 2008, someone stole the yard sign supporting Proposition 8 that John Doe #47 had placed in his yard. To replace this stolen sign, John Doe #47 made his own substitute sign. On October 19, 2008, John Doe #47 obtained two more "Yes on 8" signs. He intended to keep one for himself and give one to someone else. John Doe #47 displayed the yard sign he intended to keep in his front yard that afternoon. Sometime late on October 21, 2008 or early on October 22, 2008, the second sign was also stolen. John Doe #47 replaced the stolen sign with the one he had intended to give to someone else. He also made a second, handmade sign protesting the thefts. He displayed this handmade sign together with the replacement sign for several days. After the second sign supporting Proposition 8 was stolen, John Doe #47 began bringing in the signs at night, so as to prevent any further theft. 14

Pls.' Stmt. of Undisputed Facts - App. B

Even though after October 22, 2008, John Doe #47 only had the sign supporting Proposition 8 out during the day, on approximately October 25, 2008, a man in his car pulled up near the sign in the early evening, before John Doe #47 had brought the sign in. It is easy for John Doe #47 to notice when a car stops in front of his house, because he lives on a busy street without a parking lane, and people never stop in front of the house unless they have a reason to do so. After pulling up in front of John Doe #47's house, the man started to get out of his car. As he did so, John Doe #47's wife looked at him from inside their front window, and the man got back in his car and sped away. John Doe #47 also noticed that several people on his street who had "Yes on 8" signs in front of their homes had taped strongly worded warnings against stealing those signs to the signs. The stealing of his yard signs made John Doe #47 very upset. While he does not agree with the other side, he would never stop them from presenting their views on this issue. John Doe #47 is self-employed, so he is not too worried that his support of Proposition 8 will hurt him financially, although he does have some worries that if his clients hear of his support for Proposition 8 that they would stop sending him work. However, if he was employed by someone else or in a more public position, John Doe #47 would be worried that his support for Proposition 8 or a similar cause could financially harm him. If the reprisals against people who support Proposition 8 rise to the level where people are physically harmed or have their property destroyed, John Doe #47 would be very worried about supporting a cause similar to Proposition 8 in the future. John Doe #48 John Doe #48 donated to the Proposition 8 campaign, participated in five or six phone banks, and placed a yard sign in his yard on a quiet, residential street. In approximately midOctober, someone took John Doe #48's yard sign. The next day, he replaced the "Yes on 8" yard sign, but that same night, someone took this second "Yes on 8" sign. John Doe #48 replaced the second sign with a third "Yes on 8" sign. After having his first two signs taken, John Doe #48 brought in his third sign every night. John Doe #49 John Doe #49 handed out approximately 200 "Yes on 8" yard signs. She passed some of these out at church. At her church, John Doe #49 urged her pastor to make an announcement regarding Proposition 8, because both the Los Angeles Diocese and the Roman Catholic Church were supporting the ballot measure. Despite the strong statements of many Bishops in support of Proposition 8, her pastor privately told John Doe #49, and parishioners at Mass, that he was not going to tell them how to vote. Because of her involvement in supporting Proposition 8 and her attempts to promote it at church, John Doe #49's pastor told her that she should find another church. John Doe #49 was shocked that he would say this; she did not think that he had any right to say this to her. 15

Pls.' Stmt. of Undisputed Facts - App. B

Because of the threats and harassment associated with Proposition 8, John Doe #49 would not place a bumper sticker supporting Proposition 8 on her car. John Doe #49 placed a "Yes on 8" yard sign in her front yard. The sign was not disturbed for approximately a month and a half, but about a week to ten days before the election, someone removed the sign itself. The metal support for the sign was bent out of shape and thrown on the ground. On the day this happened, the "No on 8" signs at the homes on either side of John Doe #49's home remained intact. John Doe #49 believes that her friendship with a long-time friend was risked when the friend saw John Doe #49's "Yes on 8" sign and said she was hurt by John Doe #49's support of the initiative. John Doe #49's friend was visibly upset and angry with John Doe #49, though her friend has always known that John Doe #49 is on the other side of most of the social issues that the friend espouses. At the time, John Doe #49 believed that her friendship might have been compromised by her public support for Proposition 8, although it now appears that they have both moved beyond their differences. John Doe #50 John Doe #50 supported Proposition 8 by attending a rally in Fresno, passing out literature and lawn signs, and making presentations at both the English and Spanish language Masses at a church. He also attended some of the meetings with the local committee formed to support Proposition 8. In support of Proposition 8, John Doe #50 placed a "Yes on 8" sign outside of his business address, on a very busy street. Within 48 hours of posting the "Yes on 8" sign, someone removed it and threw it somewhere down the street during the night. John Doe #51 John Doe #51 supported Proposition 8 with a donation to NOMCalifornia. Because of this support, he received many emails from people who were angry with his support. Mostly, the emails referred to John Doe #51 as a "bigot" and a "gay hater." Many mocked Christianity. John Doe #51 deleted these emails from his computer. His support for Proposition 8 also caused many websites to begin slandering him as a "bigot," "gay hater," or "racist." At some point in December, there were 30 websites slandering John Doe #51 in this way. Because he does a lot of public speaking, when people searching for him on the internet search for John Doe #51's name, these websites come up. John Doe #51's son is an actor. Because of the harassment that he received for his support of Proposition 8, he has had to change the name under which he acts. If John Doe #51 was asked to support a cause similar to Proposition 8 in the future, these incidents would definitely affect his support. As a father who saw how support of Proposition 8 affected his son, John Doe #51 would hesitate to donate to a similar cause if there was not a way to keep his giving confidential. 16

Pls.' Stmt. of Undisputed Facts - App. B

John Doe #52 John Doe #52's public relations firm was retained in mid-October 2008 by the Yes on Proposition 8 campaign. John Doe #52 handled the public relations, to assist the Deputy Communications Director for ProtectMarriage.com, with the overwhelming international news interest in the case. During the campaign leading up to the November 2008 election, John Doe #52's public relations firm received approximately one to three telephone calls per day from angry callers who swore or threatened her and her firm because of their representation of the Yes on 8 campaign. The day after Proposition 8 passed, the amount of telephone calls and emails of this nature that the firm received increased, and became significantly more threatening. John Doe #52 also received a number of emails. Early on November 5, 2008, John Doe #52's firm received a telephone call from a man who wanted the address of Sonja Brown, so that he could send her a "gift." John Doe #52 referred the caller to the Yes on 8 website, but he wanted her home or office address. John Doe #52 refused to give the caller her address, and the caller became very angry. He made numerous personal threats against John Doe #52, and threats against her business. This caller continued calling, and re-calling, John Doe #52's firm all day. The man began calling the firm so often that they could not use the telephone to conduct business. At this point, John Doe #52 called the sheriff's office to report this behavior. The Sheriff identified the man because he had caller i.d. The Sheriff called the man, and said that if the behavior continued, he would be arrested. John Doe #52's firm regularly handles public relations for controversial issues. For example, several years ago, the firm was retained to help handle media pertaining to the Catholic priest molestation issues. The harassment that John Doe #52 personally endured as a result of her work on the Yes on 8 campaign was much worse than during the molestation issues or any other issue that she has dealt with. Because of these incidents, John Doe #52 was afraid for her own safety and the safety of her daughters. The internet has a large amount of information about people, and it would be easy for someone to find her business and home addresses. John Doe #53 John Doe #53 made multiple donations to Proposition 8, as well as walking door-to-door, making phone calls, and putting out "Yes on 8" signs. Due to the timing of his donations, John Doe #53's personal information was not released to the public until February 2009. Once his personal information was released to the public in February, John Doe #53 began to receive harassing phone calls at work. One man who called John Doe #53 at work told him that his company would be boycotted because of his support for Proposition 8. After speaking to this man, John Doe #53 wished him a good day. The man responded in a disturbing voice to "Have a good life!" John Doe #53's co-workers received similar phone calls at work about John Doe #53's support of Proposition 8.

17

Pls.' Stmt. of Undisputed Facts - App. B

Although John Doe #53 would support a cause similar to Proposition 8 in the future, the experience that he had supporting Proposition 8 will make him think about how he donates to any similar campaign in the future. He will look for alternative ways to contribute his money without putting his family or profession in jeopardy. These alternative methods might involve figuring out a way to donate anonymously, or through an organization that will allow him to keep his personal information and support from becoming public. John Doe #54 John Doe #54 is a professor. He is not a member of any church, synagogue, or other organized religion. Throughout his adult lifetime he has been opposed to laws criminalizing sodomy between consenting adults. Since first thinking about the subject he has supported the legal recognition of civil unions for gay couples. He has enjoyed warm relationships with colleagues and other friends and relations who are gay. He believes that marriage, by human nature, is a union between one man and one woman. Marriage, in his belief, is grounded in the biology of human beings as it relates to the creation and nurturing of children. For that reason, he supported Proposition 8 in the November 2008 election. He contributed money to the campaign in favor of Proposition 8, during the period reportable in the post-election campaign statement. On February 2, 2009, John Doe #54 received a harassing e-mail. On February 7, 2008, he received a handwritten letter at his home address. In its entirety, the letter read: "STUPID MOTHER FUCKER. MAKE A DONATION Like that AND YOU ARE LISTED." John Doe #54's wife opened the letter, and was concerned; she asked John Doe #54 if they were likely to be the targets of violence. At the age of 65, John Doe #54 is a veteran of many political and other controversies and has been subject to considerable personal criticism, some of it quite uncivil in nature. He regards himself as pretty thick-skinned against all forms of political attack. He has contributed money to many candidates' campaigns and to many campaigns supporting or opposing ballot propositions. Until this incident, John Doe #54 had never been personally criticized simply because he voted in a particular way or contributed money to a particular candidate or for or against a particular proposition. The e-mail he received gave John Doe #54 a feeling of sadness and distress that lasted for a few hours, but that did not debilitate me from engaging in other activities. John Doe #55 John Doe #55 supported Proposition 8 by placing a "Yes on 8" yard sign in front of his house. Within hours of placing the sign in front of his house, someone removed it. John Doe #55 replaced the sign with a homemade sign that the thought would be less likely to be removed, because it was less obviously a "Yes on 8" yard sign.

18

Pls.' Stmt. of Undisputed Facts - App. B

John Doe #56 John Doe #56 supported Proposition 8 with a donation to ProtectMarriage.com. After making this donation, a man called John Doe #56's office and left him a voice mail message that called him a "bigot" and told him that he should be "ashamed." After listening to the message, John Doe #56 had the impression that the man who called him had a list of people he was calling and saying similar things to. In support of Proposition 8, John Doe #56 also participated in "wave parties" where he stood on a sidewalk and waved to passing motorists. While waving, people would regularly make obscene gestures to and yell at the people waving. He also had a bumper sticker taped to the front window of his car, canvassed his neighborhood to find supporters of Proposition 8, worked the telephones on election day, worked with ProtectMarriage.com and spoke at churches to encourage the support of Proposition 8. John Doe #56 also produced a video to support Proposition 8. John Doe #56 also placed a sign supporting Proposition 8 in his yard. Someone took down this sign in the middle of the day. After these incidents, John Doe #56 took the address of his business - which is also his home address - off of his business's website, leaving only his name and telephone number on the website as his contact information. Although the incidents would not prevent John Doe #56 from supporting a cause similar to Proposition 8 in the future, he finds these incidents very upsetting. John Doe #57 John Doe #57 supported Proposition 8 by contributing several hundred dollars to groups that supported Proposition 8, including NOM-California, Focus on the Family, Allicance Defense Fund, and several other less familiar organizations. John Doe #57 also placed bumper stickers on his car. John Doe #57 also placed yard signs in his front yard. On several occassions, these signs were stolen, both during the day and night. At one point, John Doe #57's neighbor (an off-duty police officer) followed one of the cars suspected of stealing the signs. When the neighbor caught up with the car, the driver and young passenger had dozens of "Yes on 8" signs in the car. John Doe #58 John Doe #58 supported Proposition 8 by making a contribution of less than $100 to ProtectMarriage.com. John Doe #58 also spent approximately 12-14 hours knoxking on doors and making phone calls to encourage support of Proposition 8. John Doe #58 also placed a "Yes on 8" sign in his yard. This sign was stolen approximately two weeks before the election.

19

Pls.' Stmt. of Undisputed Facts - App. B